Brees submits affidavit in Vilma litigation

Posted by Mike Florio on July 21, 2012, 3:01 PM EST

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After weeks of offering periodic commentary regarding the allegations of a bounty program maintained for three years by the Saints, quarterback Drew Brees has taken a direct, active role in the effort to block the suspension of his teammate, linebacker Jonathan Vilma.

In an affidavit submitted in connection with Vilma’s effort to overturn his suspension and, more immediately, to delay the suspension until the litigation concludes, Brees explains that Vilma should not be suspended.

Largely meaningless as to most of the legal issues that will determine whether the suspension is delayed and/or overturned, Brees’ affidavit has arguable relevance as to one of the specific factors for issuing an injunction against the suspension pending resolution of the lawsuit: the public interest.

At paragraph 3 of the affidavit, a copy of which PFT has obtained, Brees says that the suspension prevents Vilma from “continuing to fulfill the leadership position he has assumed with our team since 2008, as one of the Defensive Team Captains since 2009, and off the field as mentor to young players and in the community.” At paragraph 9, Brees says that Vilma “has also exhibited a dedication to helping the New Orleans community recover from Katrina and its economic struggles.” At paragraph 10, Brees says that Vilma’s suspension “will have a significant impact on our team and within our community.”

It’s unknown whether the affidavit will help Vilma delay or ultimately avoid a suspension. But it can’t hurt.

The affidavit also touches on the semantics-driven heart of the bounty dispute. At paragraph 8, Brees says, “It is my understanding that Mr. Goodell has accused members of our defense, including Jonathan, of engaging in a pay to injure program that involved offering financial incentives to teammates to intentionally injure opposing players.”

While the league arguably has overstated the allegations from time to time for P.R. purposes, the suspensions flow from offering financial incentives to apply good, clean, legal hits in a way that result in injury. There’s no specific intent to injure; the intent is to apply good, clean, legal hits. If a good, clean, legal hit kept the person who absorbs the good, clean, legal hit from playing, then the player delivering the hit received extra money for a “cart-off” (if the player returned to the game later) or a “knockout” (if he didn’t return at all).

Brees is smart enough to know this. He’s also smart enough to know that, unless and until the league is willing to embrace the debate that would result from a clear, unequivocal explanation that suspensions were imposed for a system that encouraged players simply to do the jobs they already were paid to do (i.e., apply good, clean, legal hits), Brees’ skewed explanation of the allegations won’t be challenged.

So the more this drags on, it’s becoming more and more apparent that this is really just a salary cap violation, which of course should result in players and coaches being suspended for an entire season (heavy sarcasm).

So people are not going to recover from Katrina if Vilma is suspended?
Let’s pretend the bounty issue didn’t happen. Does that mean the Saints could not trade Vilma if they wanted because it would hurt people recovering from Katrina?

If the people of New Orleans continue to point to Katrina and the need to recover from it over EVERY perceived or real slight. they will never recover from Katrina.

Down in the BIG EASY the WHODAT’SNATION we helps one another our team is one of the best teams in the league as QB Drew Brees is doing what he suppose to do. Keep bring the pressure someone is going to listen sooner are later you stand for what is right don’t set down on a lie when you knows its a lie. Keep fighting until someone will want to know the truth the NFL want to pull the Saints down so they want focus on the Super Bowl. Drew Brees has a big job in front of him but he must keep the team focus on the game, I know Vilma is a part of the Saints team to but we can’t let the NFL commissioner pull us down.

What about other guys suspended that dont play for the saints anymore? Oh yeah, he doesn’t care. If Vilma were on a different team he would say the players deserved their punishment. I cannot stand this guy anymore.

Down in the BIG EASY the WHODAT’SNATION we helps one another our team is one of the best teams in the league as QB Drew Brees is doing what he suppose to do. Keep bring the pressure someone is going to listen sooner are later you stand for what is right don’t set down on a lie when you knows its a lie. Keep fighting until someone will want to know the truth the NFL want to pull the Saints down so they want focus on the Super Bowl. Drew Brees has a big job in front of him but he must keep the team focus on the game, I know Vilma is a part of the Saints team to but we can’t let the NFL commissioner pull us down.
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Well maybe Vilma can help out with the schooling down there with his time off God knows they need it .

It takes a man of integrity to recognize that virtue in another man. A man who plays with honor will defend another man who does the same. There’s more to football than who scores the most points. Goodell treats NFL players as meaningless pawns to his big picture. However, they are real people just like the rest of us who take pride in who they are on and off the field. I’ll take the word of Brees, Vitt and Vilma over Goodell’s any day.

I am not a Saints fan so maybe I am just stupid like every other non Saints fan, but I think Drew Brees just admitted a bounty program.

‘ If a good, clean, legal hit kept the person who absorbs the good, clean, legal hit from playing, then the player delivering the hit received extra money for a “cart-off” (if the player returned to the game later) or a “knockout” (if he didn’t return at all).”

So do I understand this? If a person applies a “good clean hit” that does not prevent the person from playing, he gets nothing, yet if a person applies a “good clean hit” that prevents a player from coming back then they get paid extra money. This should not be considered a bounty program, or a pay for injury program……why?

How are the Saints fans going to spin this one? And who is ignorant enough to believe in a locker room some coach said “If you injure someone from a good clean hit, you will get money” (especially Greg Williams)?

I’m sorry, but if I had a choice of trusting Goodell, or the Saints 4 (Vilma, Fujita, Hargrove, Brees), I’d choose the Saints 4 anytime.

Whereas time and again Goodell has shown to be a vindictive, 2-faced, and in some cases, outright liar “(we care about the players..but let’s play more games), the Saints 4 have by and large been known as “good guys” for years (I think Vilma has had like 3 personal fouls his ENTIRE CAREER).

I think the anti-saints sentiment has more to do with bashing the opposing team than rationale thought.

I will say this, the Saints coaching staff is shady, so if I had to choose between Goodell and the staff, it would be a toss-up.

If Vilma can’t show a “substantial likelihood of success on the merits,” does it matter whether he can satisfy the other substantive requirements—including the “public interest” element—of the four-prong test for obtaining injunctive relief? That aside, I would argue that an injunction here disserves the public interest in that it would have a substantial and adverse impact on the collectively bargained authority of the one person who is best positioned to police “…the integrity of, or public confidence in, the game of professional football,” as per Article 46, Section 1(a) of the 2011 NFL CBA. If not the NFL Commissioner, then who is better suited for that role? The Executive Director of the NFLPA?

If Goodell is willing to make the harshest accusations and hand out the most severe punishments in the history of the NFL, then he should be willing to show why to a higher authority. Brees, Vitt and Vilma are man enough to testify under oath in a real court of law, but Goodell is not. Perhaps the picture isn’t exactly like Goodell painted.

Which is probably why the farthest both went is they will testify that the bounty program didnt exist. If this ever gets to court (which it wont, players dont want that anymore than NFL does) all they have to do is say to their knowledge, one didnt exist. Regardless of what happens, they did what they said theyd do.

What else is Brees going to do? I appreciate him supporting his team mate but what Vilma did (even though he denies it) is wrong on any level. Wrong is Wrong and stupid is stupid. He should get the book thrown at him. A years suspension is too little punishment for someone who is that irrational. There is no place for that kind of thinking or behavior period.

my guess is that most D’s in the league wont say this outright… but everytime they line up against Brees, they’ll be thinking about how hard Brees is playing the violin and how hard the Saints D was on their own QBs and key players….